(PC) Birrell v. Fox ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID WESLEY BIRRELL, et al., No. 2:16-cv-1818 KJM CKD P 12 Plaintiffs, 13 v. ORDER 14 ROBERT W. FOX, et al., 15 Defendants. 16 17 Plaintiff Jeffrey Scott Sargent filed this civil rights action with other plaintiffs seeking 18 relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as 19 provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 14, 2022 and October 11, 2022, the magistrate judge filed findings and 21 recommendations, ECF Nos. 63 and 65, which were served on all parties and which contained 22 notice to all parties that any objections to the findings and recommendations were to be filed 23 within fourteen days. No objections have been filed. 24 The court presumes that any findings of fact are correct. See Orand v. United States, 25 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed 26 de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law 27 by the magistrate judge are reviewed de novo by both the district court and [the appellate] court 28 ///// 1 | ....°). Having reviewed the file, the court finds the findings and recommendations to be 2 || supported by the record and by the proper analysis. Review of the record shows that with entry of 3 || this order, all plaintiffs have been dismissed from this action. Accordingly, the Clerk of the Court 4 | will be directed to enter judgment and close this case. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed September 14, 2022, ECF No. 63, are adopted 7 | in full; 8 2. Plaintiff Birrell is dismissed; 9 3. The findings and recommendations filed October 11, 2022, ECF No. 65, are adopted in 10 | full; 11 4. Plaintiff Sargent is dismissed; and 12 5. The Clerk of the Court is directed to enter judgment and close this case. 13 | DATED: January 17, 2023. 14 6 CHIEF ED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28